Nusyuz

Nusyuz in layman's term means "ingkar" or disobedient.


A husband may apply to the Syariah Courts to declare his wife nusyuz. Applications are made at the Mahkamah Rendah Syariah and at the time of the application, both the Plaintif (the husband) and the Defendant (the wife) must still be legally married. The Plaintif must also specify the period in which he wishes to declare the Defendant nusyuz.


The effects of a wife being declared nusyuz amongst others are as follows

1. In the event of a divorce, the wife will not be entitled to "mutaah" or compensation for divorce
2. The wife will also not be entitled to "nafkah iddah"
3. There will also be effects to the wife's share of matrimonial assets

During any nusyuz proceedings, the burden of proof is on the Plaintiff. The Plaintiff will first need to prove that he had issued a "Perintah" to the Defendant. This is usually done via a "Surat kembali taat" where the husband notifies his wife in writing to obey his instructions. Secondly, the Plaintif will then need to prove that despite his written instructions, the Defendant had continued to disobey him. Only then a husband may have strong grounds to apply to the Syariah Courts to declare his wife nusyuz.


The nusyuz period usually starts from the date the "Perintah" is issued or the date the "Surat kembali taat" is received by the wife. The nusyuz period ends when the wife starts to obey her husband's instructions or when the divorce had taken place, whichever is earlier.